PRINTER'S NO. 898
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
801
Session of
2023
INTRODUCED BY AUMENT, A. WILLIAMS, PENNYCUICK, BARTOLOTTA,
COSTA, SCHWANK, HAYWOOD, BREWSTER AND LAUGHLIN, JUNE 15, 2023
REFERRED TO EDUCATION, JUNE 15, 2023
AN ACT
Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
act relating to the public school system, including certain
provisions applicable as well to private and parochial
schools; amending, revising, consolidating and changing the
laws relating thereto," providing for evidence-based reading
instruction.
Section 1. The act of March 10, 1949 (P.L.30, No.14), known
as the Public School Code of 1949, is amended by adding an
article to read:
ARTICLE XV-N
EVIDENCE-BASED READING INSTRUCTION
Section 1501-N. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Contractual school day." The length of an educator's
scheduled work day.
"Criterion-referenced tool." An assessment tool that
measures a student's knowledge or skills against a predetermined
standard, learning goal, performance level or other specific
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criterion, including grade-level expectations based on national
standards from data from a universal screening system.
"Curriculum-based tool." An assessment tool that measures a
student's progress through the curriculum and whether that
process is adequate.
"Evidence-based reading instruction." A program of literacy
instruction, for students in kindergarten through grade three,
that is aligned with the science of reading, including explicit
and systematic instruction in phonemic awareness, the alphabetic
principle, decoding, fluency, vocabulary, comprehension and
building content knowledge.
"Literacy intervention approaches." Evidence-based, skills-
based specialized reading, writing and spelling instruction that
is systematic and explicit and intensified based on the needs of
the student.
"Norm-referenced tool." An assessment tool that measures a
student's knowledge or skills to the knowledge or skills of the
national norm group.
"Parent." An individual who has legal custody or
guardianship of a student.
"School entity." A school district, intermediate unit, area
career and technical school, charter school, cyber charter
school or regional charter school.
"Science of reading." Evidence-based instructional and
assessment practices that address the multimodal approach that
integrates listening, speaking, reading, spelling and writing in
the acquisition of oral and written language skills that can be
differentiated to meet the needs of individual students.
"Universal reading screener." An assessment tool that meets
all of the following:
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(1) Is used as part of a multitiered system of support
to do all of the following:
(i) Determine:
(A) if a student is at risk for developing
reading difficulties; and
(B) the need for intervention.
(ii) Evaluate the effectiveness of core curriculum
as an outcome measure.
(2) Does all of the following:
(i) Measures phonemic awareness, the alphabetic
principle, decoding, fluency, vocabulary, comprehension
and building content knowledge.
(ii) Identifies students who have a potential
reading deficiency, including identifying students with
characteristics of dyslexia.
(iii) Measures students against national norms.
Section 1502-N. Evidence-based reading instruction curriculum.
(a) Department duties.--
(1) The department shall provide a process through which
a vendor may submit an application for department approval of
an evidence-based reading instruction curriculum which meets
the requirements under paragraph (2).
(2) The department shall develop and maintain a list of
department-approved, evidence-based reading instruction
curricula for use in school entities. A curriculum on this
list must meet all of the following requirements:
(i) Include a logical scope and sequence that is
sequential, systematic and cumulative.
(ii) Include or support the use of high-quality
instructional materials as outlined by EdReports or a
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similar service.
(3) The department shall maintain all of the following
on the department's publicly accessible Internet website:
(i) The current list of curricula under paragraph
(2).
(ii) The criteria and rubric used to identify high-
quality curriculum under paragraph (2).
(4) The department shall provide a process through which
a school entity can submit an application for department
approval of an alternative curriculum that meets the
requirements under paragraph (2).
(5) The department shall add curricula approved under
paragraph (4) to the list under paragraph (2).
(b) School entity duties.--If a school entity serves
students in kindergarten, first, second or third grade, the
school entity shall do all of the following before the beginning
of the 2025-2026 school year:
(1) Adopt an evidence-based reading instruction
curriculum from the list under subsection (a).
(2) Approve a professional education program as required
under section 1205.8(c) for educators providing reading
instruction.
(3) Identify an individual responsible for assisting
each school with the implementation of the curriculum adopted
under paragraph (1).
(4) Demonstrate that each educator responsible for
reading instruction or coaching has completed approved
professional development under paragraph (2), including each
educator identified or certified as any of the following:
(i) Elementary teacher.
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(ii) School reading specialist.
(iii) Reading interventionist.
(iv) Special education teacher of students with
disabilities.
(v) The individual identified under paragraph (3).
(vi) Literacy coach.
(vii) Building-level principal and school
administrator.
Section 1503-N. Reading screening.
(a) Duty.--Beginning July 1, 2024, a school entity shall
screen each student enrolled in kindergarten through third grade
three times a year for reading competency using a universal
reading screener chosen from the list of approved universal
reading screeners under subsection (d). The first screening
shall be administered to students within the first 30 days of
the school year. The second screening shall be administered at
the halfway point of the school year. The third screening shall
be administered within 30 days of the end of the school year.
(b) Time and coverage.--A school entity shall provide:
(1) Educators time during the contractual school day to
complete data entry and compilation associated with the
screener, to communicate with families and any other
responsibility required under this section.
(2) Substitute professional employee coverage for
instruction or student support when the educator is meeting
the responsibilities under this section.
(c) Exception.--An exception is provided to the screening
required under subsection (a) for the following students:
(1) A student receiving specialized instruction for
limited English proficiency who has been receiving the
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instruction for less than two years.
(2) A student receiving special education services for
whom the assessment would conflict with the individualized
education plan.
(3) A student receiving services under a plan pursuant
to 29 U.S.C. § 794 (relating to nondiscrimination under
Federal grants and programs) for whom the assessment would
conflict with 29 U.S.C. § 794.
(d) List of screeners.--
(1) The department, in consultation with evidence-based
reading instruction curriculum and special education
supervisors from local education agencies, elementary school
teachers and elementary special education teachers, shall
develop, maintain and publish on the department's publicly
accessible Internet website a list of universal reading
screeners and a list of literacy intervention approaches that
are aligned with the essential components of evidence-based
reading instruction, including phonemic awareness, decoding,
fluency, vocabulary and comprehension. Initial publication of
the lists must occur by December 1, 2023.
(2) In determining which universal reading screeners to
include on the list, the department shall consider the
following factors:
(i) The time required to conduct the screening, with
the intention of minimizing impact on instructional time.
(ii) The timeliness in reporting screening results
to teachers, administrators and parents.
(iii) The integration of assessment and instruction
the screener provides, including the ability to provide
progress monitoring capabilities and a diagnostic tool to
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support teachers or a progress monitoring team with
targeted instruction based on student needs.
(iv) Whether screening, diagnostic assessment and
progress monitoring processes are aligned with a
multitiered system of support procedures and whether
tools are norm-referenced, criterion-referenced or
curriculum-based as appropriate.
(3) The department shall include with its list of
aligned universal reading screeners and literacy intervention
approaches an explanation of how the screeners and
interventions were selected, including consultation with
national expert organizations and the evidence-based standard
protocol intervention as demonstrated by the National Center
on Intensive Intervention or similar validated research.
(4) The department shall provide professional learning
on reading screening and literacy intervention approaches at
no cost to the educator which shall be provided during the
contractual school day.
Section 1504-N. Reading deficiency and identification.
(a) Student.--A student in kindergarten through grade three
shall be identified as having a reading deficiency if an
approved universal reading screener identifies the student at
risk for reading failure under section 1503-N.
(b) Reading deficiency.--A student who is identified as
having a reading deficiency under this section shall remain
identified as having a reading deficiency until the student
performs at or above the threshold level on an approved
universal reading screening with at least three data points
showing this threshold has been met.
(c) Construction.--Nothing under this article shall prohibit
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a school entity from identifying a student in another grade
level as having a reading deficiency.
Section 1505-N. School entity duties and reading intervention
plan.
(a) School entity.--A school entity shall offer a reading
intervention plan to each student in kindergarten through grade
three who is identified as having a reading deficiency under
section 1504-N to ensure that the student can read at or above
grade level by the end of grade three.
(b) Development.--The reading intervention plan shall be
developed by the teacher, principal or other professional
employee who has specialized training in reading intervention.
(c) Plan.--The reading intervention plan shall be provided
in addition to core reading instruction that is provided to each
student in the general education classroom and evidence-based
instruction curriculum. The reading intervention plan shall:
(1) Be provided to each student in kindergarten through
grade three identified with a reading deficiency as
determined by the department-approved universal reading
screener assessment administered within the first 30 days of
the school year.
(2) Include literacy intervention approaches.
(3) Monitor the reading progress of each student's
reading skills throughout the school year and adjust
instruction according to student needs.
(4) Be implemented during regular school hours.
Section 1506-N. Parent notification.
Each parent of a kindergarten through third grade student who
exhibits a deficiency in reading during the school year must be
notified in writing or by electronic communication no later than
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15 days after the identification of the reading deficiency.
Notification must include the following:
(1) That the student has been identified as having a
deficiency in reading and a reading intervention plan will be
developed by the teacher, principal or other professional
employee who has specialized training in reading
intervention.
(2) A description of the current services that are
provided to the child.
(3) A description of the proposed research-based
literacy intervention approaches, including intervention
materials, supplemental instructional services and supports
that will be provided to the child that are designed to
remedy the identified area of reading deficiency.
(4) Notification that each parent will be informed in
writing or by electronic communication of their child's
progress towards grade level reading at least every two
weeks.
(5) Strategies for each parent to use at home to help
their child succeed in reading.
Section 1507-N. Grants to school entities.
(a) Establishment.--The department shall establish a grant
program to aid school entities with initial costs associated
with training and other resources necessary to implement this
article. The total amount of grants awarded shall be limited to
funds appropriated for this purpose under section 1508-N.
(b) Application.--The department shall develop an
application form that school entities shall use to apply for a
grant under the program. Grant applications shall be filed in
accordance with guidelines developed by the department.
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Section 1508-N. Funding.
The department shall use the following funding to award
grants to school entities and administer the program:
(1) Appropriations made by the General Assembly for the
purposes of this article.
(2) Funding appropriated to the department for general
government operations.
(3) Funding from other public and private sources,
including the Federal Government.
Section 1509-N. Reporting.
(a) School entity report.--Beginning October 31, 2024, and
each October 31 thereafter, each school entity shall report
annually to the department the following:
(1) The number and percentage of students, disaggregated
by grade and by individual school, identified with a
potential reading deficiency, including characteristics of
dyslexia, pursuant to the screening required under section
1503-N and the literacy intervention approaches being
provided.
(2) The evidence-based reading instruction curricula
adopted under this article.
(3) The individuals identified under section 1502-N(b)
(3) and each individual's responsibilities for approving and
providing professional development required under section
1502-N(b)(2).
(4) How the school entity will ensure that educators
have access to and have successfully completed the
professional development required under section 1502-N(b)(2).
(b) Department report.--Beginning December 31, 2024, and
each December 31 thereafter, the department shall produce an
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annual report that provides all of the following:
(1) The number and percentage of students, disaggregated
by grade and by individual school, identified with a
potential reading deficiency, including characteristics of
dyslexia, pursuant to the screening required under section
1503-N and the literacy intervention approaches being
provided.
(2) A list of the evidence-based reading instruction
curricula adopted under this article and the number of
schools that have adopted each curriculum listed.
(3) The number of educators who have received each type
of professional development provided under section 1502-N(b)
(2).
(4) The percentage of the educators required to receive
professional development under section 1502-N(b)(4) that have
successfully completed the professional development.
(c) Recipients.--The department shall publish the report
required under this section on the department's publicly
accessible Internet website and submit the report to each of the
following:
(1) Governor.
(2) State Board of Education.
(3) Professional Standards and Practices Commission.
(4) President pro tempore of the Senate.
(5) Speaker of the House of Representatives.
(6) The chairperson and minority chairperson of the
Education Committee of the Senate.
(7) The chairperson and minority chairperson of the
Education Committee of the House of Representatives.
Section 2. This act shall take effect in 60 days.
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